Tree permits and protected trees

Palo Alto protects trees more tightly than most California cities. The tree ordinance in Chapter 8.10 of the municipal code was rewritten in 2022 and the update took effect on May 1, 2024. It widened the list of protected trees, added public notice before removals and pruning and raised the penalties for breaking the rules. Many homeowners only learn about it when a tree service tells them it cannot start work yet.

This page is a practical walk-through for property owners. It covers how to tell whether a tree is protected, how to get a removal permit, the notice rules for pruning, what to do about street trees and what happens if the rules are broken. For the bigger picture of the city's canopy, the Great Oak Count and notable trees, see our companion guide to Palo Alto's urban forest.

Is your tree protected?

Start with a tape measure. Protection depends mostly on species and trunk size, measured as diameter at breast height, or DBH, about 54 inches above the ground. To get diameter, measure the trunk's circumference and divide by 3.14. The city's tree ordinance page lists these protected categories:

Some species are excluded from the 15 inch category. The city lists high water use and invasive trees such as white alder and birches, plus specific species such as Eucalyptus globulus and glossy privet. All palms are exempt. If you are unsure of the species, a certified arborist can confirm it in a short visit.

Multi-family and commercial property

Trees on apartment, condominium and commercial sites may also be protected through an approved landscape plan, even when they are below the size thresholds. Removal on those properties goes through Planning and Development Services as a staff-level architectural review rather than an Urban Forestry permit.

Getting a removal permit

For a house with no construction project, the permit comes from the Urban Forestry Section of Public Works. The steps:

1. Hire an arborist. The application needs an arborist report showing the tree meets an allowed reason for removal and that treatment is not feasible. The updated ordinance set up a list of city-approved certified arborists for these reports.
2. Check the reason. Allowed reasons include a tree that is dead, hazardous or a nuisance under the code, one that is harming or crowding a nearby protected tree and one damaging the foundation or eaves of a home or required covered parking.
3. Apply. Submit through the city's online permitting portal or email the application and report to trees@paloalto.gov.
4. Give public notice. According to Canopy's summary of the ordinance, applicants must notify owners and residents within 300 feet in writing, post the property where the public can see it and have the notice posted on the city website. Notice also goes out when the decision is made.
5. Wait out the appeal period. Neighbors within 600 feet, as well as the applicant, can request a hearing and appeal the decision.
6. Plant the replacement. Most approved removals come with replacement trees, in-lieu fees or both.

The city does not list the permit fee on its ordinance page. Fees are set in the Municipal Fee Schedule, so ask Urban Forestry when you apply. Plan on several weeks between the arborist visit and the cut, longer if a neighbor appeals.

Trees and construction projects

Remodels, new homes and accessory dwelling units are where tree rules bite hardest. A protected tree in the way of a project still needs its own removal permit. The city advises getting it before you apply for the building permit. On single-family lots, removal for construction is allowed only when building would kill the tree and no financially feasible design could save it.

Canopy's summary explains that "financially feasible" has a number attached. Keeping the tree must raise project costs by more than twice the tree's replacement value or 10 percent of the project valuation, whichever is greater. Other development types have their own tests, such as losing more than 25 percent of the allowed building area. Replacement planting is required in every case.

During construction, protected trees need fencing and root protection that follow the city's Tree Technical Manual. If you are planning a backyard cottage, read our ADU guide and talk to an arborist before the architect draws the footprint. Our building permits guide covers the rest of the permit process.

Pruning and the seven-day notice

Ordinary maintenance on a protected tree does not need a removal permit, but it is no longer a private matter either. Owners must notify the public and the Urban Forestry Section at least seven days before the work. The city provides an online notification form and a notice to post on the property where the public can see it. Two kinds of work are exempt:

• Removing dead, diseased or broken branches.
• Work on trees under five years old.

The ordinance also bans excessive pruning. Canopy's summary of the definition: removing more than 25 percent of a tree's functioning leaf, stem or root area in a 24-month period, removing more than 15 percent of the root area of any oak in a 36-month period or any cut that causes significant decline, raises the risk of failure or unbalances the tree. Topping a mature oak or redwood clearly falls on the wrong side. A good tree service will know these limits. If one offers to "take it way back," find another.

Roots and hardscape

Root pruning counts. Trenching for a new patio, driveway or sewer line near an oak can break the 15 percent rule without anyone touching a branch. Ask an arborist to mark the root zone before digging starts.

Street trees are city property

The trees in the planting strip between the sidewalk and the street belong to the city, even though they sit in front of your house. The Urban Forestry Section maintains them. The rules are simple:

• Do not prune, cut roots or remove a street tree yourself. That includes hiring a private service to do it.
• Get a city permit before doing any work on a street tree or within its drip line, such as replacing a sidewalk, driveway apron or sewer lateral.
• Ask the city to prune, inspect or remove a street tree by calling 650-496-5953 or emailing pwps@paloalto.gov.

Low limbs over the sidewalk, roots lifting pavement and trees that look sick are all reasons to call. If a street tree falls in a storm, report it right away. Our rain and storm season guide lists the city's storm numbers.

Trees near power lines

City Utilities clears trees around overhead lines on its own schedule. Do not prune near a power line yourself. If branches are touching a line, call the utility.

Penalties

The 2022 update toughened enforcement. Canopy's summary of the ordinance, citing sections 8.10.100 and 8.10.110, describes these consequences:

A large oak's replacement value can run well into five figures, so twice that amount can dwarf the base penalty. The update also expanded which city employees can issue citations. Read the current code text through the link on the city's ordinance page before relying on any figure here.

Before you call a tree service

1. Measure the trunk and identify the species.
2. Check whether the tree is on the city's Heritage Tree List.
3. Decide whether the job is removal, which needs a permit, or maintenance, which needs seven days of notice.
4. For street trees, call the city instead.
5. Keep copies of your notice, permit and arborist report.

Neighbors and tree advocates watch closely here. Posted notices make work visible. Doing it by the book is cheaper than any fine. If you want to plant rather than remove, the nonprofit Canopy runs planting programs and volunteer days. Our volunteering guide lists ways to help.

Frequently asked questions